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ARCHIVED -
Decision CRTC 94-793

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Archived

Decision

Addition of KVRR-TV (FOX) - Denied

Pursuant to Public Notice CRTC 1994-77 dated 7 July 1994, the Commission denies the applications by Winnipeg Videon Incorporated (Winnipeg Videon) and Shaw Cablesystems (Manitoba) Ltd. (Shaw Cablesystems) for authority to add, at their option, the distribution of KVRR-TV (FOX) Fargo, North Dakota, on a discretionary tier.

KVRR-TV is the originating station of KNRR-TV Pembina, North Dakota; much of the programming on the two stations is identical. KNRR-TV is a border station that commenced operations later than 1 January 1985. As such, in accordance with subparagraph 10(1)(g)(iii) of the Cable Television Regulations, 1986, its signal was one whose cable distribution could only be authorized pursuant to a separate condition of licence.

In Decision CRTC 86-1006, the Commission denied applications by several cable television licensees in Manitoba to add the distribution of KNRR-TV. That denial was based on the Commission's concern that "the availability of this signal to Canadian cable subscribers could increase the potentially damaging effect of this station by providing Canadian advertisers with access to large amounts of commercial airtime at rates substantially lower than those they would be obliged to pay Canadian television licensees in order to reach the same potential audience".

The Commission considers that the proposed addition of KVRR-TV Fargo, the originator of much of the Pembina station's programming, raises the same concerns, cited above, that led to denial of the distribution of the Pembina station in the past. Accordingly, the Commission is not prepared to authorize the distribution of KVRR-TV Fargo, and has therefore denied the applications.

In denying these applications, the Commission has taken into account that both applicants have expressed interest in distributing a FOX signal received via satellite as soon as such a signal is available. In Decision CRTC 94-702 dated 29 August 1994, the Commission approved an application by Canadian Satellite Communications Inc. (CANCOM) to add the signal of FOX affiliate WUHF-TV Rochester, New York, to its authorized distribution.

Concurrent with that decision, the Commission issued revised lists for Part II and Part III Eligible Satellite Services which now include the signal of WUHF-TV. This revision permits Class 1 cable licensees (such as Winnipeg Videon and Shaw Cablesystems) to distribute the signal of WUHF-TV, received via CANCOM, on a discretionary tier, without further application to the Commission.

The Commission acknowledges the interventions both in support of and in opposition to these applications submitted by members of the cable television and broadcasting industries. The various issues raised in the opposing interventions have been addressed in Public Notice CRTC 1994-107 dated 29 August 1994.